Equipment and Work Warranties Sample Clauses

Equipment and Work Warranties. Company warrants that all ECMs developed, procured, fabricated, constructed and installed pursuant to this Contract are new and comply with all applicable specifications, and are in good and proper working condition and are of merchantable quality and fit for the purpose of enabling the Customer to reduce energy consumption and operating costs. The Company further warrants that the ECMs are protected by appropriate written warranties covering all parts and equipment performance, which shall be delivered to the Customer concurrent with or prior to the Notice of Final Completion. Company warrants that Work performed under this Contract will be in conformance with SECTION 3 Scope of Work and the Project Documents and free from defects for the period commencing with the date of the acceptance by Customer beneficial use of each ECM to the Customer and continuing for a minimum period of one year from the Commencement Date. For the Term of the Contract, Company shall be responsible for pursuing rights and remedies against the manufacturers and sellers of the ECMs under the warranties in the event of equipment malfunction, improper or defective function, or defects in parts, workmanship, or performance, and the Company shall manage all warranty claims and activity during the warranty periods at the sole cost and expense of Company. Company shall notify the Customer whenever defects or malfunction in equipment, parts or performance occur which give rise to warranty rights and remedies and shall keep the Customer apprised of its activities in exercising those rights and remedies on the Customer’s behalf. Customer shall notify the Company, in writing, whenever any defects or malfunction in equipment, parts or performance have been identified. The cost of any damage, loss or claims by any person arising out of the use or operation of the ECMs or damage to the ECMs and their performance, including damage to other property and equipment of the Customer due to the Company’s failure to exercise its warranty rights shall be borne solely by the Company. All warranties shall be transferable and extend to Customer and Company shall provide and assign such warranties to Customer at the time of installation and acceptance. The warranties shall specify that only new, and not reconditioned parts, may be used and installed when repair is necessary. The warranties shall be in force for a minimum of one year from the Commencement Date. Notwithstanding the above, nothing in this Sect...
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Related to Equipment and Work Warranties

  • Supplier Warranties The Supplier represents and warrants that:

  • Software Warranties In addition to, and without limiting the warranties set forth in Section 5 (Warranties) herein, Seller represents and warrants that: (a) all Software shall conform in all respects to all applicable documentation; and

  • Manufacturers’ Warranties If a Lease Vehicle is covered by a Manufacturer’s warranty, the Lessee, during the Vehicle Term for such Lease Vehicle, shall have the right to make any claims under such warranty that the Lessor could make.

  • Contractor Representations and Warranties Contractor makes each of the following representations and warranties as of the effective date of this Master Contract and at the time any order is placed pursuant to this Master Contract. If, at the time of any such order, Contractor cannot make such representations and warranties, Contractor shall not process any orders and shall, within three (3) business days notify Enterprise Services, in writing, of such breach.

  • Customer Warranties Customer represents and warrants that:

  • SUPPLIER’S WARRANTIES 7.1 Supplier warrants that the Goods:

  • Contractor Warranties 14.1. The Contractor warrants, represents and undertakes that, throughout the Term:

  • Service Warranties Contractor warrants that: (i) the Services will be rendered with promptness and diligence and will be executed in a workmanlike manner, in accordance with the practices and professional standards used in well-managed operations performing services similar to the Services; and (ii) Contractor will perform the Services in the most cost-effective manner consistent with the required level of quality and performance. Contractor warrants that each Deliverable will conform to and perform in accordance with the requirements of this Agreement and all applicable specifications and documentation. For each such Deliverable, the foregoing warranty shall commence for such Deliverable upon the JBE’s acceptance of such Deliverable, and shall continue for a period of one (1) year following acceptance. In the event any Deliverable does not to conform to the foregoing warranty, Contractor shall promptly correct all nonconformities to the satisfaction of the JBE.

  • Customer Representations and Warranties Customer represents and warrants that it:

  • Equipment and Software To use the Mobile Remote Deposit Services, you must obtain and maintain at your expense, compatible equipment and software that we may specify from time to time.

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